Loading...
HomeMy Public PortalAbout07-19-2018 Minutes PB JPHPage 1 of 14 Draft Minutes Joint Public Hearing Hillsborough Board of Commissioners and Planning Board 7 p.m. July 19, 2018 Town Annex Board Meeting Room, 105 E. Orange St. Present: Board of Commissioners — Mayor Tom Stevens and commissioners Mark Bell, Kathleen Ferguson, Matt Hughes, Evelyn Lloyd, and Jenn Weaver Planning Board — Chair Dan Barker, James Czar, Lisa Frazier, Chris Johnston, Doug Peterson, Alyse Polly, Jeff Scott, Jenn Sykes, Toby Vandemark, and Chris Wehrman Staff: Planning Director Margaret Hauth, Town Attorney Kevin Hornik, Public Information Specialist Cheryl Sadgrove, and Public Space Manager Stephanie Trueblood Item 1: Call to order and confirmation of quorum Mayor Tom Stevens called the meeting to order at 7 p.m. and explained the processes involved in public hearings. Item 2: Agenda changes and approval There were no additions or changes. Item 3: Open the public hearing Mayor Stevens turned the gavel over to Planning Board Chair Dan Barker, who then opened the public hearing. Item 4: Development projects A. Special use permit modification request for Elfin Pond to modify the approved special use permit to allow the installation of retaining walls in required buffers along the west property line. Planning Director Margaret Hauth summarized that there are two places where the retaining wall was built inside the buffer by no more than 2.5 feet. She indicated the locations on the site plan. Jim Moore, developer of Elfin’s Pond, was sworn in. He said when the general contractor was building the retaining walls, somehow the walls were placed inside the buffer by 9 inches in one location and up to 1.5 feet in another location. The cost to tear down the walls and move them would be expensive. Landscaping has to be added in the buffer anyway. Planning Board Member Chris Wehrman checked that surveys were required early on. Moore answered that the contractor was referring to a survey He does not know if the survey was inaccurate or the contractor was inaccurate. Wehrman asked if there was another survey. Moore said there was a second survey before the construction of the houses. Page 2 of 14 Commissioner Jenn Weaver asked Hauth what happens in this type of situation — does the Board of Commissioners make people tear down walls? Hauth answered that this type of situation usually does not arise in a special use permit process. Barker added that another board recently required a brick sign be torn down and moved. Michelle Banks was sworn in. She said she is a neighbor of Elfin’s Pond and came to talk to Moore about a different matter. Planning Board Member Toby Vandemark asked how deep the buffer is. Hauth answered 40 feet. Motion: Commissioner Kathleen Ferguson moved to close the public hearing on this item. Planning Board Member Jenn Sykes seconded. Vote: Unanimous B. Special use permit modification request for Orange County ABC to modify the approved special use permit for a retail operation at 109 Oakdale Drive, including the addition of five waivers. Hauth said the request is to build a 7,500-square-foot building. The plan has to comply with the new South Churton Street buffer requirements. The applicant is requesting five waivers, including a waiver to grade in the buffer for better visibility of the building from the street and a waiver to not put a 5-foot strip of landscaping on the side of the building that faces Oakdale Drive. Planning Board Member Alyse Polly asked for the applicant’s reason for not having a 5-foot strip of landscaping against the building on one side. Tim Smith with Summit Design and Engineering was sworn in. Smith said regarding the grading in the buffer the request is based on a desire remove a previously installed berm and level it out. He shared a photograph of the bare parcel, noting that there are no trees and the land closer to the street is slightly higher. Tony DuBois, general manager of the Orange County ABC Board, was sworn in. He said, the reason for the waivers related to the architectural design is that there would be a blank wall oriented to a public street. More windows mean more opportunities for break-ins. Also, the building’s overhang would extend more than the permitted 18 inches to provide coverage for loading and customers and to cut down on glare from the sun. Barker said the requirement is to not have a blank wall to the street. What other options did you consider besides glass? DuBois said nothing else was considered. Stevens said he recalled that the intention of the requirement was to not have a service entry on the street. Barker said the town has required other businesses to put something on the blank wall. For example, Tractor Supply was required to add non-functional barn doors, Barker said. Weaver asked if there would be trees in the buffer. Smith answered there isn’t room to place the 5- foot landscaping strip along the building while giving trucks room. There would be plantings in the buffer. Page 3 of 14 Planning Board Member Chris Johnston asked for the purpose of the overhang requirement and whether it is for aesthetics. Hauth answered the requirement was considered for aesthetics and the maximum was set at 18 inches, not thinking someone would want to extend it to create a roof - level overhang. Weaver asked about the purpose of the requirement that there be no grading in the buffer. Hauth answered the purpose is to protect trees already in the buffer. However, this site has already been graded and the building area was made lower so that the parcel is shaped like a bowl. The new tenant is asking to level some of that grade. Hauth said granting this waiver is not an issue. There is no current landscaping, and staff has no concern about this request. Weaver said the proposed design is for a building in the middle of the site with a sea of parking around it. She said to talk about that. Smith answered that when plans were reviewed by Chuck Edwards, district engineer for the North Carolina Department of Transportation, Edwards said to align this business’s driveway with that of Pizza Hut and create an exit driveway. These requirements make it necessary for delivery trucks to go around the proposed building and come out an exit drive. Wehrman asked if there is a relationship between the extended overhang and the lack of a 5-foot landscaping strip. DuBois answered the overhang has a dual function of shading that side of the building from the sun and providing protection from the elements (there is a sidewalk for business patrons underneath the overhang). Barker asked if the overhang is calculated to provide solar protection. DuBois said he can run calculations and submit that later. Polly said for those driving on Oakdale Drive, it would be nice to have that 5 feet of landscaping. Smith said NCDOT constraints forced the parking closer to the building. He said the landscape plan on the outer buffer will mitigate what is seen from Oakdale Drive. Polly asked whether there might be opportunities to increase plantings along the street buffer on that side. Smith answered affirmatively. Commissioner Mark Bell asked where stormwater would go. Smith answered that the applicant would not grade so much that that stormwater spills into the street. There is already a stormwater pond for this business center. It is not on this parcel, but stormwater would drain into it. Motion: Johnston moved to close the public hearing on this item. Commission Matt Hughes seconded. Vote: Unanimous C. Rezoning and Special Use Permit request from Allied DevCorp, LLC to rezone th e structure at 153 W. King St. from Residential-20 to Central Commercial Special Use. The application includes a Special Use Permit request to operate restaurant, bar, event, meeting, and hotel services at the site. Page 4 of 14 Hauth reviewed this is a request to rezone from Residential-20 to Central Commercial Special Use. A special use has no uses permitted by right. The application process is an opportunity to provide more detail. The town can attach conditions to it. Hauth showed a survey with existing conditions. She also showed a proposal for a renovated main building, a new building with guest accommodations, landscaping and light fixtures. Hauth reviewed that the applicant is proposing a loading zone across the street and a handicap- accessible sidewalk along the front of the building. The proposal includes closing the public right of way that is now the stone walkway under the front porch and making that area private. Those plans would remove approximately 10 on-street parking spaces. Hauth said this proposal is consistent with zoning. The applicant is requesting two waivers. The entire structure would be required to have 35 parking spaces. The applicant is proposing zero spaces and is suggesting valet parking. She said the applicant wrote a waiver request for loading, but the town ordinance does not require loading for restaurants, so she does not think this waiver is necessary. Hauth said the screening and noise standards have to do with service times for trash areas. Trash areas should be 50 feet away from residential parking. These are not. This is a small parcel directly adjacent to residential property. The board packet includes a letter from Waste Industries indicating that it can provide trash and recycling services via the easement in the back of the property. Hauth said the Unified Development Ordinance requires street trees on West King Street, and there is no space for those trees. Also, the applicant wishes to remove black walnut trees from the rear of the property. Hauth said staff added a waiver request regarding lighting. The applicant is proposing lantern-style lighting that would require a waiver from having the required sharp cut-off fixtures. The lantern- style lights look like low-intensity lighting, but no information has been provided. Hauth said the applicant uses the word “variance” throughout the materials instead of “waiver,” but waiver is what is meant. The applicants can provide a set of final plans that uses the correct word. Hauth noted Jill Heilman is present to represent the Historic District Commission and to give the commission’s review comments as live testimony. Bell asked Hauth to define “sharp cut-off.” The planning director answered it is a technical term meaning the light is pointed downward and not toward the night sky. There are lanterns with the light in the cap, so the light is pointed down. The Kenion Grove neighborhood has such lanterns as streetlights. Ferguson asked whether the boards can make recommendations on where the applicant parks cars for valet parking. Hauth answered the applicant has agreements with property owners already. Ferguson said she does not want to see some of the parking deck spaces lost for public parking. Hauth said that would have to be a discussion with the applicant. Hauth said she did not read the letter from the county to be a commitment to a number of spaces reserved. Page 5 of 14 Historic District Commission Member Jill Heilman was sworn in. Heilman said the commission held two meetings to review the application. The commission’s review comments are in the board packets. She noted the comments covered the light fixtures, landscaping plan, loading and sidewalk proposal. Specifically, the commission has some interest in how the lower sidewalk in front of this property would be treated. Bell said in recognizing the commission’s comments are courtesy review and not official, from the 39 comments in the packet, it seems there is agreement overall between the proposed design and the Hillsborough Historic District Design Guidelines. Is there anything else that would be helpful for us to know? Heilman answered the 39 comments are an accurate and complete summary based on the review that has taken place. Bell said several are in agreement and several are in conflict. He said there seems to be conflict of mass and scale and tree canopy. Heilman said the comments state that the commission is supportive of removal of the black walnut trees for the purpose stated. She said the comments addressing mass and scale are Nos. 25-27. She said there have been several requests to remove black walnut trees in the district. The commission is sympathetic to the reasons given and has requested that trees of a significant size be planted in replacement . The commission is hopeful that the final landscaping plan would adequately mitigate the loss of the black walnuts. Commissioner Evelyn Lloyd asked for the age of the black walnut trees. Heilman did not know. Justin Fejfar, the applicant, was sworn in. He said the majority of the waivers are site-related. He intends to meet the 39 comments from the Historic District Commission. He didn’t see anything on that list that was overly problematic with the design. He said the idea for a wing on the back of the property came out of the first review with the commission. The applicants realized it was a good idea because it could buffer noise from events. He said the commission requested a wall be built in the front, which he is now proposing to build as a seating wall. The intention is to create a community atmosphere around the property, Fejfar said. The front of the inn would not change. The current dining room and kitchen are not salvageable and would be rebuilt. There are currently 10 guest rooms upstairs. Some of those would be combined to create four rooms. There would be 18 guest rooms in the new wing. Fejfar said the restaurant would remain as it is. The applicants wish to create a second floor above the rebuilt dining room as an event space. He indicated one place above a door where this second story could possibly be visible from the street, but he does not think it would be. Regarding the valet parking, Fejfar said he has been talking with Orange County about leasing the county spaces on the top of the deck and not the parking spaces cu rrently available for public parking. Planning Board Member Doug Peterson said he was having trouble understanding how the front would operate. He asked for Fejfar to explain how someone would unload suitcases. Page 6 of 14 Fejfar reviewed that the proposal is to have a 10-foot wide sidewalk in front of the building and that the Historic District Commission would like for the sidewalk to be made of stone. The proposal is for a loading zone across the street from this inn because a delivery truck would travel north on North Churton Street and turn left on West King Street. Peterson said if I’m dropping off my elderly grandmother and the handicap parking space is taken, what are my options? Fejfar answered the loading zone is the next best option if spaces near the handicap space are also occupied. Vandemark said there is already a loading zone on that side of the street. How far apart would the loading zones be? Hauth answered that the current loading zone is located by Cup A Joe. Weaver asked whether Fejfar is proposing the loading zone because he thinks it is required or because he thinks he need it. Fejfar answered he thinks it is needed to prevent delivery trucks from parking in the street. Peterson and Sykes pointed out that when cars park in a loading zone on the north side of the street, the doors closest to the sidewalk on that side would hit a steep embankment. Peterson said he isn’t saying it is bad to use the loading zone to unload passengers , but it is difficult. Bell asked for delivery estimates. Fejfar answered maybe one or two deliveries a day for 30 minutes. Bell said removing the on-street parking to create the loading zone seems like a high price to pay for unloading once or twice a day. The town has recently removed some on-street parking spaces. He lives 50 feet from the property, and he sees high utilization of parking along the street, so it is going to be impactful. Hauth said the loading zone would not be only for the Colonial Inn but could be used by any business. Lloyd asked whether the loading zone would block a driveway. Fejfar answered it would not. Lloyd expressed concern that trucks in the loading zone could block the recycling and garbage receptacles of neighbors. Lloyd asked Fejfar if he knows how old the black walnut trees are. He did not know. Public Space Manager Stephanie Trueblood was sworn in. She said the black walnut trees are at most 40 years old and have likely grown along the fence line as volunteers and not as intentional plantings. They are substantial and mature trees but not ancient specimens. Regarding the loading zone, the two loading zones downtown are fully used, she said. Deliveries generally take place between 11 a.m. and 2 p.m. With the possibility of special events happening at this location, she expects this new loading zone would be used to unload tables and chairs for weddings as well as for the regular restaurant and bar deliveries. Trueblood said downtown needs another loading Page 7 of 14 zone. It needs to be long enough to accommodate a 74-foot truck with a 10-foot ramp or two smaller delivery trucks. Lloyd asked if there is a very old specimen tree on the property. Trueblood said she didn’t see one, but there are some old trees that she would think we would want to see preserved. Fejfar said there are a couple of large magnolias that would stay. Johnston asked if a single handicap parking space is a requirement. Fejfar said there is one now. It is not a requirement. Barker asked how many handicap parking spaces would be required for 35 parking spaces, per the Unified Development Ordinance. Hauth answered two. Barker said, so a second one would be required by code. Trueblood said not if the business is not providing any parking. Guests were invited to speak. Mike Gering was sworn in. He said he and Marsha Ferree, his wife, live directly across the street. The inn was lively when they moved to West King Street in 1995. They are looking forward to seeing the inn revitalized but find the loading zone located by their driveway problematic. They are concerned that the loading zone would commercialize their side of the street. They are concerned that parked delivery trucks would obscure their line of sight as they attempt to exit their driveway. And they are concerned that the loading zone would make it difficult for their recycling and trash receptacles to be emptied. Gering shared photographs of his view of the street when exiting his driveway with a pickup truck parked close to his driveway, obscuring his line of sight. Gering shared a video of a car speeding by his driveway while he is trying to pull out. Johnston said on-street parking already existed when you purchased your home. He asked how deliveries were made to the Colonial Inn at that time. Gering answered there has never been a designated loading zone, so trucks would take up four or five parking spaces to make their deliveries. He thinks there were more parking spaces downtown; but when the inn was in use, the parking spaces in front of his house were used. Lyell Cash was sworn in. He said the handicap ramp appears to be in front of his driveway. Hauth said there is a proposal to build sidewalk in front of the existing sidewalk and Cash would be able to use the driveway, which she described as a shared driveway. Cash said that is fine, but he does not want to share the driveway. Cash explained the Colonial Inn owns 2 to 3 feet of the property where the driveway is located and he does not drive on the Colonial Inn property. Bell asked Cash whether he has an encroachment agreement for use of the driveway, adding that Bell has a permanent easement to access his driveway. It was noted for Fejfar to speak to that. Cash said there is an HVAC unit that sticks out on his property 1 to 2 feet that he wants removed. Also, he said his water line runs under the proposed new wing. He has permission for a water meter on West King Street, but he has not paid to move his existing water meter. Page 8 of 14 Cash said the sewer line running under the back of his property line might not be big enough for the inn. And he asked for the setback requirement. Hauth said there is no setback requirement for the inn or for Cash’s property. Jim Boericke was sworn in. He said he sees beer and food trucks going around the block all the time. He wondered if the small service drive in the back is enough space for a trash service vehicle. He remembers when the Colonial Inn was in business and the trash pickup was at 4 a.m. It was loud. Boericke said all the stormwater gets funneled in the little access driveway, and there is no storm sewer on West Margaret Lane until the library. He would like stormwater runoff to be addressed. Fejfar said regarding the loading zone, he is happy to work with the town. It sounded like it was critical. Regarding the Cash driveway, access to that driveway is not affecte d. Regarding the sewer line, it is an 8-inch line and that is sufficient. Regarding Cash’s water line being under the new building, there would be a crawl space to access it if needed. The HVAC unit to which Cash referred would be removed. Regarding access to the trash pad, there is not room to turn around. Waste Industries has said itcan service the area anyway. The inn does not want trash picked up at 4 a.m. because guests would be sleeping. Regarding stormwater, the development would not trigger stormwater improvements. Fejfar had been thinking stormwater would be diverted to the alleyway in back, but he will talk to engineers and see what can be done. Stevens suggested there might be an opportunity to move Cash’s water line so that it is not located underneath the guest wing. Sykes asked where someone would leave a car for valet parking. Fejfar answered that the loading zone would be the drop-off location. Bell suggested creating a permanent easement regarding Cash’s driveway. Gering said if the loading zone is on the north side of West King Street, it means the delivery people have to walk across the street. He said his wife reminded him after he spoke that delivery trucks used to park in front of the inn for that reason. Maria Flanagan was sworn in. She has lived on West Margaret Lane for 8.5 years. She said she spoke with Fejfar the day before the hearing. Her concerns are noise, lights, smell, privacy and safety. She asked that all outdoor noise, including amplified sound, end by 9 p.m. She does not want doors, windows or porches on the back of the guest wing, which was a recommendation of the Historic District Commission to break up the façade on the back. She asked that the waiver for the location of the trash receptacles not be granted. Also, she does not want portable toilets brought in for special events. She asked that the board members consider what they would want if their home were located behind the Colonial Inn and request anything that she has not thought of to preserve her ability to enjoy her home. Page 9 of 14 Jean Massé was sworn in. She said she is excited about the restoration of the property. She echoed all the sentiments that Flanagan brought forward. She wondered why trash and recycling bins cannot be pulled to West King Street for pickup. And she would like the driveway or alleyway for the trash/recycling bin service fenced off. She does not want people walking on that easement at night. She also does not want windows on the back of the guest wing. She does not want noise after 9 p.m. or before 7 a.m. She wondered if there is recourse for noise after the structure is built. She also believes portable toilets are not a reasonable long-term solution for events. Vandemark said she lives downtown and the noise of people walking at 2 a.m. when bars close is significant. Tom Roberts was sworn in. He is the neighbor on the northern corner of King and Wake streets and has lived there 31 years. He said he is happy the inn is being restored. He agrees with the concerns of allowing people to walk on the alley/rear driveway and of allowing portable toilets. He thinks there is risk to the delivery people by having the delivery trucks park across the street. He is concerned about valet parking and cars queing to be parked. He wondered about the projected occupancy of the restaurant and the projected attendance of an outdoor special event. He encouraged Fejfar to think about where staff would park. He asked how long-lasting the agreements with private landowners are for parking. He wished the applicant much luck and success. Johnston asked whether there was parking in the street when the Colonial Inn was in operation. Hauth answered there was on-street parking and there were fewer restaurants downtown or downtown was less visited. Ferguson made a reference to 900 people. Gering said there was parking on the inn property at the rear of the lot. There was a quick discussion that the Colonial Inn used to draw many visitors, with 900 patrons on Easter and Mother’s Day and sometimes tour buses pulling up for those on the bus to eat in the restaurant. Peterson asked if the property would have residential pullout carts for trash and recycling or a commercial dumpster. Fejfar answered residential bins because there isn’t room for a dumpster to be emptied. The pad for the trash and recycling would be screened except for the area where the driver would access them. Sykes suggested a rolling fence or gate to close off the access to the rear driveway at night. Fejfar said a firetruck will need to be able to get to the back of the building. Ferguson checked that rollout carts would be sufficient instead of a dumpster. Fejfar said there would be several carts. Boericke questioned the ability to drive a firetruck up the easement with a gate. Lloyd said a ladder truck would be too big for the driveway. Fejfar said he would be organizing a meeting with the fire officials. Page 10 of 14 Barker asked whether all of the rooms would have sprinklers. Fejfar answered that they would. Barker asked Fejfar to comment on the concerns about delivery drivers having to cross West King Street. Fejfar said he heard the concerns and wants to make this successful. Barker asked Fejfar to address the noise and hours comments. Fejfar said the waiver requested was really not about the hours or noise for trash pickup but about the requirement to be 50 feet away from residential property. He didn’t know if the 50-foot requirement included the area that would be used to access the trash and recycling. Barker asked Fejfar to talk about light, noise and hours for special events. Fejfar said the plan was to adhere to the ordinance regarding amplified sound. Amplified sound would stop at 9 p.m. outside and midnight inside. It would not be the kind of bar that would stay open until 2 a.m. When asked how this is enforced, Hauth said Fejfar is referring to ordinances in the Unified Development Ordinance about 9 p.m. and 12 a.m. for amplified sound. There are separate ordinances enforced by the Police Department regarding noise. Barker asked Fejfar to comment on portable toilets. Fejfar said he would look into other possibilities. He can understand the concerns and will tr y to address them. Barker asked whether the access from West Margaret Lane is an easement. Fejfar confirmed that it is. Barker asked Fejfar to address what happens if the property is popular and the business grows. Fejfar said he would never have envisioned 900 people on this property and those who operate it would have to do some things differently if it were to attract that many people. Barker asked Fejfar to speak to valet operations. Fejfar said it was not intended for every car. A map showing patrons how to get from parking to the inn would be provided, Fejfar said, and patrons would not be directed to walk in the easement behind the property. Staff parking would be farther away from the inn. Barker asked what the maximum occupancy of the Colon ial Inn is based on egress. Fejfar said the maximum based on egress is large but his hunch is no more than 100 people in the event center and possibly 70 people in the restaurant. It’s hard to say, he said. There are times when the inn will be busy. Trueblood said the inn is a really important building in this town. A lot of people have been contacting the town for years from outside of the state and outside of the southeast region of the United States asking if it will ever be restored. Having fielded those calls for 13 years, I can tell you that people will come, she said. It will be a real draw. She felt the sidewalk needed to be wide. People stop to take photos of it now. It needs to have a large sidewalk in front of it to accommodate large groups taking photos together, as they likely will, so that people are not Page 11 of 14 standing in the road. Handicap-accessible sidewalks are helpful for all people from those with visual impairments to those pushing strollers or wheeling suitcases or needing ambulatory assistance. She said the wide sidewalk is important in front of the Colonial Inn for connectivity and safety and to present the building. Trueblood said there are a lot of places to place a 90-foot loading zone on the north side of the street. There is a fire hydrant in front of the Masonic Lodge; perhaps the fire hydrant could be moved in front of Gering’s house and the loading zone could move up the street. She supports what Gering is saying about not blocking sight lines from driveways. The north side of West King Street has the right amount of length for delivery trucks. Also, one of the drivers for the location of the loading zone is Fejfar saying deliveries are going be made on the east side where the kitchen is. You need to know where the deliveries are going in the building before locating the loading zone. She would not locate valet parking in the loading zone. The handicap parking space is shown as a handicap parking space on the design because it is currently a handicap space. Maybe it needs to be a valet parking space. Trueblood said Hillsborough has a need for additional parking for the future. The Colonial Inn is not going to be the only business that tips that balance. She is working with NCDOT and hopes that redevelopment of properties will create options for parking. The town will have to add parking as parking becomes necessary, and some of the ideas being explored are in the vicinity of West King Street. Weaver asked if a handicap-accessible sidewalk in front of the inn is incompatible with locating a loading zone in front of the inn. Trueblood answered a loading zone would be incompatible with a 10-foot-wide sidewalk. A 4-foot-wide would not fit with a loading zone for a full-size truck. Barker asked if traffic lanes could be moved. Trueblood said anything is possible but it’s a crowned road and she thinks NCDOT is unlikely to move the lanes. Hughes thinks that patrons should not be directed to use the loading zone as a check-in/check-out space. Trueblood noted other jurisdictions allow parking in loading zones at night. Roberts said he is also concerned about food waste smelling badly and attracting varmints. He also noted there are requirements, related to special events, on the amount of square footage needed per person, depending on whether they are sitting or standing. Gering said he appreciates the importance of the inn. He said the discussion of wider sidewalks is good, but he thinks it will inevitably make his residence commercial. When the Colonial Inn was in operation, deliveries used to occur as early as 7 a.m. Parking spaces were blocked off when deliveries were expected. He thinks there should be more detailed analysis for deliveries. He appreciated the suggestion that the fire hydrant could be moved. Page 12 of 14 Johnston asked if a business can block the public parking space. Hauth said they don’t have the legal right, but many businesses do it. Barker said if we determine the valet plan does not remove the need for 35 parking spaces, how do you answer that? Fejfar asked for clarification. Barker and Hauth clarified that if the Colonial Inn were required to provide 35 parking spaces, not necessarily on the property, what would the applicants do. Fejfar asked whether leased spaces would count. Barker answered that the boards would have to determine whether the leased spaces are convenient and appropriate. Fejfar said he does not want to disturb the magnolias, and he imagines neighbors do not want patrons driving up the easement. Barker told Fejfar to expect to have an answer for parking next month. Vandemark asked how often trash would be picked up. Fejfar said it could be once a day in the summer. In addition to nearby residents not wanting the trash to smell, the Colonial Inn operators do not want the trash to smell. Bell said Orange County has robust composting options as well. Planning Board Member Jeff Scott asked how the grease traps would be accessed for clean-out. Fejfar said that is a challenge. The plan is to put the grease traps in the basement below the kitchen. There would be a hookup on the outside of the building. Barker said regarding delivery access on the east side of the building, there was a statement that the Colonial Inn property is just 2 or 3 feet wide on that side. Fejfar said another survey is being conducted, but the survey he has indicates at least 3 feet. It’s tight, but it’s enough to walk down, Fejfar said. Barker asked where the hook-up for the grease truck would be. Fejfar said on the east side of the building toward the front. Motion: Sykes moved to close the public hearing. Vandemark seconded. Vote: Unanimous Item 5: Text amendments to the Unified Development Ordinance A. Section 3.13.6.5 and 3.13.8 to add detailed guidance for the Board of Adjustment to use in granting waivers in the case of an appeal. Hauth said these amendments provide guidance to the Board of Adjustment in granting waivers in the case of an appeal. One of the Board of Adjustment members is an attorney and suggested that the language match the state law. There were no public comments. B. Section 9.2 and 5.2.12 to update language related to regulating legal electronic gaming operations. Hauth said these amendments are to update language related to regulating gaming. The ordinance no longer has restaurant types A and C and no longer has restaurant as a defined use. Ferguson asked what the town’s options are with electronic gaming. She has concerns. Hauth said it is legal in this state. Ferguson said she has concerns of where it is legal in this town. Page 13 of 14 Hauth said with the town’s standards, there is almost nowhere that electronic gaming is permitted. Even the one located in the Daniel Boone Shopping Center, while the structure is 1,000 feet from residential property, the shopping center is not. There were no public comments. C. Section 6.3.2 to establish a residential density of between 10 and 16 units per acre in the adaptive reuse zoning district and indicate districts in which the applicant may request a specific density upon filing a special use permit application. Hauth said the Planning Board has spent time talking about this and has not made a clear determination but put forward a range of densities. There were no public comments. D. Section 6.18.6.1 to add provisions for alternate signage for businesses with permitted sidewalk seating. Hauth said with the installation of the sidewalk seating, there is not room left outside the barrier for restaurants to continue to use sandwich boards. This amendment is putting forward the concept of attaching a single-sided sign to the barrier. The height of the sign would be limited to 4 feet. Czar reiterated that the top of the sign cannot be above 4 feet in height from the ground. Peterson said he wonders why the sign has to be brought in every night. Hauth said to keep it exactly the same type of sign that a sandwich board is. Hauth said if you allow it to be a permanently displayed sign, you are exceeding the signage the business is allowed to have. The intent of the sidewalk seating barriers is that they are temporary and moveable and will leave from time to time. Johnston asked Hauth why this sign would be counted toward the total signage. Hauth answered so the town treats businesses the same whether or not they have outdoor seating. Johnston said the outdoor seating is a sign in itself. Stevens said the intent is to keep the sandwich board signs off areas outside the barriers. Vandemark said businesses put out and take in the sandwich board each day. A single-sided sign is lighter and shouldn’t be a problem to put out and take in. Hauth said the restaurants no longer have room for sandwich boards because they are maximizing outdoor seating. Stevens checked that you can have a sign stating you are open which can be sandwich board or another type of sign. Hauth said the town cannot regulate the message on the sign. A business can choose to write “open” on a sandwich board sign. Page 14 of 14 Wehrman suggested that the language make clear that either a sandwich-board sign or a one-sided sign is permitted. E. Section 6.18.9.8 to remove reference to “neon sign,” replace with a reference to illuminated tube lighting, and restrict illuminate tube lighting on signs within the histori c overlay district only. Hauth said this amendment is to update the reference for neon to illuminated tube lighting and to reduce the restriction on these types of signs so that they are not permitted only in the historic district. Hauth said South Nash Street businesses could then have illuminated signs. Motion: Ferguson moved to close the public hearings on all text amendments. Lloyd seconded. Vote: Unanimous Item 6: Adjournment Motion: Sykes moved to adjourn at 10:27 p.m. Ferguson seconded. Vote: Unanimous Respectfully submitted, Margaret A. Hauth Secretary